Subject of the dispute: Recovery of debt for thermal energy from individuals in favor of LLC “NizhynTeploMerezhі”.
Main arguments of the court: The Supreme Court drew attention that the appellate court incorrectly applied bankruptcy regulations, since the circumstances regarding the enterprise’s bankruptcy were or could have been known to the parties to the case during the initial consideration. The court emphasized that review based on newly discovered circumstances does not involve a repeated assessment of all evidence, but only the establishment of fundamentally new circumstances that could significantly influence the decision.
Court decision: To cancel the resolution of the appellate court and refer the case for a new hearing to the Chernihiv Appellate Court.
